New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-11-08
JOHN j. O'BRIEN SUSTAINED.
JUDGE poNoHUE DECIDES IN HIS FAVOR.


A MAEDAMUs ISSUED TO PUT HIS NAME ON THE
ELIGIBLE LIST.
Justice Donohue, Of the Supreme Court has granted the
motion for peremptory mandinus to compel the Police
Commissioners 10 put the name OF John j. OBr'en on
the eligible list for reappontment to the position OF
Chief of the Bureau Of Elections. In his decision
rendered yesterday the Judge says:
The question presented in this is whether John
O'Bren relator comes within the terms of the Civil
pointrncnt to his present position submit exan
nation under the terms OF the Civil Service act The
question has received careful consideration from
Judge Laconbe, formerly Corporation Counsel in reply
to request of the Mayor for his opinion on the subject
After fully and thoroughly examining the question
think adopt the conclusion to which he came and
cannot do better than adopt his opinion coming to that
conclusion.
Justice Donohue cmbodies in and makes part OF his
decision the letter written by Corporation Counsel
Lacombe 10 Mayor Edison, August 0, 1854 in which
he said TO the Mayor:
It's my opinion that it ia your duty to provide In the
Civil Service regulations about to be made ny you IN
accordance with the provisions OF Section OF Chsp,er
857 of the Laws OF 1884, that the election otlcsrs
now In Office aud Inspectors of election and poll clerks
shall be exempt from examnatiSa IN @ NOW
amended
Justice Don ohue adds:
The point taken that the relato did submit to an
examination and that for submitting III some way ne
has Iost his exemption under the act IL seems 10 me
there IL force in this position II certainty cannot
harm The position of the reaor If he is not within tha
terms Che act to submit to an exannlton that SHOWS
him TO he the most competent OF all those examiner lor
the position. Motion granted.
Corporation Counsel OBrien said yesterday that he
had not yet positively made up his mind to appeal from
the decision Of Judge Donohue. lie would probably do
So lie could not positively until he had
read the full text of the opinion The question raised
whether Mr. OBren the Chief OF the Bureau o,
Elections at the expiration OF his term OF once shouu
be compelled to submit TO Civil Service eIamination
He held TO the same opinion his predecessor, MI
Lacombe that the election officers then Ia ONCE ana IN.
spectors OF election and poll clerks should be exempt
from Civil Service examinations. The Corporation
Counsel added that he did not wish TO do anything 10
prejudice Chief OBrlen's with the Police BOARD
The question whether Mr.. OBrien is still exempt from
examination is the main point at issue In other words
whether with n term his status would be the same
as that candidates That Is the real point 10 be
passed by the court. -
John j. OBrien said yesterday that he was not sur
prised by the decision OF the court that he was egoe
FOR reappaintmen Chief Of the Bureau OF Elections
lie willing TO say anything regarding the action
of the Police Board but II evident that he hoped 10
continue in Office The Police Commissioners recently
failed upon Of the three candidates on
the Civil Service eligible list to take Mr.. OBriens place
and Is expected that he will hold over Tor some months
TO come His action Sunday, IN sending out Dotlces
to the Labor inspectors before they were appointed may
result In bringing him up before the Board on charge
of misconduct but OF the Democratic Commissioners
said that It would be difficult to get decision to dismiss
Nv